By law, a property owner or property holder in Rhode Island can be held legally responsible to pay for personal injuries and damages suffered by a victim that was using the property or visiting. Many, but not all, premises liability cases involve slip and fall accidents. However, nearly all premises liability cases involve allegations of negligence.

Common Rhode Island Premises Liability Cases

Many victims injured on another’s property will hire a personal injury attorney because of the complexities of filing and resolving a claim for compensation involving premises liability. This is because pursuing financial recovery is extensive and requires a comprehensive understanding of Rhode Island tort law and the ability to negotiate with claims adjusters or present a case at trial. The most common Rhode Island premises liability cases handled by personal injury attorneys involve:

Who is legally liable for a personal injury involving premises liability?

Usually, in Rhode Island, the property owner has a legal responsibility for any injury occurring through negligent maintenance of the premises. However, many business tenants lease the commercial property from the owner who might not have any or all control of the premises. When that occurs, the business tenant usually has a legal responsibility to keep the maintenance on the property.

However, many slip and fall accidents occur on residential properties that might be owned by a landlord and rented by the tenant. Other situations might include contractors working on the property who share in liability if they played a part in the accident that caused injuries. In most cases, homeowners, property owners and commercial tenants will maintain liability insurance that provides coverage for slip and fall and premises liability claims.

Because most premises liability cases are based on a condition, proving an individual or entity is at fault requires a demonstration of how those in charge knew, or should have reasonably known, that the condition existed. As an example, premises liability attorney working on behalf of their client must prove that workers or management knew that the spilled liquids on a grocery store floor and yet took no action to remedy the problem before the victim slipped and suffered injuries.

Protecting your rights is essential after being injured in a premises liability slip and fall incident. It is crucial to use an experienced Rhode Island personal injury attorney or RI slip and fall lawyer with an understanding of complex regulations and Rhode Island tort and liability law. In many incidences, immediate notice to the property owner, insurance companies and claims adjusters is required to ensure all of your rights are preserved.

The Supreme Court of Texas stated “In a premises–liability case, the plaintiff must establish a duty owed to the plaintiff, breach of the duty, and damages proximately caused by the breach.[5] Whether a duty exists is a question of law for the court and turns “on a legal analysis balancing a number of factors, including the risk, foreseeability, and likelihood of injury, and the consequences of placing the burden on the defendant.”In premises–liability cases, the scope of the duty turns on the plaintiff’s status.Here, Smith was an invitee, and generally, a property owner owes invitees a duty to use ordinary care to reduce or eliminate an unreasonable risk of harm created by apremises condition about which the property owner knew or should have known.[8]” 307 S.W.3d 762 (2010) DEL LAGO PARTNERS, INC. and Del Lago Partners, L.P., Doing Business Under the Assumed Name of Del Lago Golf Resort & Conference Center, and BMC-The Benchmark Management Company, Petitioners,v.Bradley SMITH, Respondent.No. 06-1022.Supreme Court of Texas. Argued December 6, 2007.Decided April 2, 2010. http://www.scotxblog.com/orders/texas-supreme-court-upholds-liability-against-a-bar-that-did-not-stop-a-brewing-fight-orders-of-apr-2-2010/